New Foreigners Act: Defined registration rules and minority exemptions explained

(INDIA) India’s new Immigration and Foreigners Act, 2025 took effect on September 1, 2025, reshaping the country’s entry, stay, and enforcement rules while creating an exemption regime for certain groups. Paired with the Immigration and Foreigners (Exemption) Order, 2025 issued the same day by the Ministry of Home Affairs (MHA), the law offers protection from registration and penalties to six non-Muslim minority communities from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2024.

The change is the most comprehensive rewrite of immigration law in decades and carries wide consequences for state authorities, long-staying migrant families, and communities living in legal limbo.

Legislative Background and Scope

The Act was passed by the Lok Sabha on March 27, the Rajya Sabha on April 2, and signed on April 4. The Immigration and Foreigners Act, 2025 consolidates four older laws into a single framework:

• Passport (Entry into India) Act, 1920
• Registration of Foreigners Act, 1939
• Foreigners Act, 1946
• Immigration (Carriers’ Liability) Act, 2000

The companion Immigration and Foreigners (Exemption) Order, 2025 spells out the conditions for relief and directs frontline officers on implementation.

Exemption Regime: Who Is Covered

Under the new exemption regime, the following groups from Afghanistan, Bangladesh, and Pakistan who entered India by December 31, 2024 are exempt from registration requirements and will not face penal action for illegal entry, missing documents, or overstay:

• Hindus
• Sikhs
• Buddhists
• Jains
• Parsis
• Christians

Key points about the exemption:

• Relief applies even if a person entered without valid documents or if their documents expired after arrival.
• The policy does not apply to Muslims from these countries.
• The government frames the policy as responding to targeted religious persecution; critics call it discriminatory.

Officials have told eligible individuals to work with local Foreigners Registration Officers to update or confirm their records. Applicants will need to show proof of date of entry and proof of religious community to be recognized under the exemption.

Important: This policy does not grant citizenship. It shields specific groups from prosecution or deportation but does not change the Citizenship (Amendment) Act, 2019 (CAA) cutoff of December 31, 2014 for fast-track citizenship for the same communities.

People who entered after the CAA cutoff must follow normal naturalization routes if they wish to seek citizenship.

Other Tailored Exemptions

The Act extends tailored exemptions to several longstanding groups:

• Tibetans registered with authorities who entered between 1959 and May 30, 2003.
• Registered Sri Lankan Tamils who sheltered in India up to January 9, 2015.
• Citizens of Nepal and Bhutan entering through designated borders, with limited exceptions.
• Members of the Indian Armed Forces and their families when on duty.

Penalties, Detention, and Administrative Duties

For those who do not qualify under any exemption, the Act prescribes strict penalties:

• Under Section 21: illegal entry can lead to up to 5 years’ imprisonment and a ₹5 lakh fine.
• Under Section 23: overstay can bring up to 3 years’ imprisonment and a ₹3 lakh fine.

The law also requires states and Union Territories to set up holding centres/detention camps to house non-exempt foreigners during processing or removal. This creates new administrative tasks for:

• State police
• Social welfare departments
• Local courts

Officials say the new framework brings all border control and inland enforcement tools under one law and gives clearer instructions to field officers. The MHA will issue step-by-step guidance on documents, record verification, and coordination between district authorities.

According to analysis by VisaVerge.com, centralization could reduce confusion caused by overlapping orders and outdated rules, though much depends on how quickly states align their procedures with the Immigration and Foreigners Act, 2025.

Reactions and Legal Concerns

The selective nature of the exemption regime draws strong reactions:

• The ruling BJP describes it as a humanitarian measure to protect people who faced religious persecution.
• Opposition parties and rights groups call the exclusion of Muslims unfair and likely to face court challenges.
• Legal scholars warn that verifying old entries—especially for people who crossed at informal points—will be difficult and may vary widely by state.

Experts also note the risk of inconsistent implementation between districts, which could increase litigation and place strain on foreigner tribunals.

Practical Steps for Eligible Individuals

On the ground, the law changes the daily reality for many families who feared arrest for lack of papers. Community leaders say the promise of relief is real but paperwork remains the hurdle.

If you believe you fall under the Immigration and Foreigners (Exemption) Order, 2025, consider these steps:

1. Prepare proof of entry before December 31, 2024
   • Examples: older border records, travel slips, local certificates issued earlier.
2. Prepare proof of religious community
   • Examples: religious certificates or earlier declarations made to authorities.
3. Visit local Foreigners Registration Officers to update records and request recognition under the exemption.
4. Keep copies of all documents and any acknowledgment given by the officer.

Important operational notes:

• The exemption does not erase past records automatically. Individuals must be recorded in local systems so police and district offices can apply protections correctly.
• Those not covered—or those who entered after the cutoff—remain at risk of detention and removal.
• States must create holding centres/detention camps, train officers on screening, and keep separate records of exempt and non-exempt cases to avoid wrongful detention.

Implementation, Verification, and Next Steps

The MHA is expected to release additional notices to standardize:

• Evidence lists
• Acceptable documents
• Appeal channels for those denied exemption recognition

Local officers will need training to read old travel slips, settlement certificates, or police station entries. States must also budget for and build holding centres, with clear rules on:

• Family unity
• Medical care
• Access to legal help

The Immigration and Foreigners (Exemption) Order, 2025 will serve as the day-to-day guide for field staff. Clear audit trails and regular reporting could reduce errors; without them, the same person might be treated differently across districts.

Policy analysts warn that variation in implementation may increase court dockets and strain foreigner tribunals.

Citizenship and Family Implications

The law leaves citizenship policy unchanged:

• The CAA’s December 31, 2014 cutoff remains in force.
• People covered by the new exemption regime who entered after December 31, 2014 do not gain a fast track to citizenship.
• Exempted individuals may live without fear of penal action if recognized, and may later apply for citizenship through normal routes if they meet residence and other requirements.

Families should note:

• Children born in India after certain dates follow separate citizenship rules that depend on the parents’ status at the time of birth. This falls outside the scope of this Act.

Practical advice reiterated:

• Gather documents, approach the local Foreigners Registration Officer, and keep written proof of any submissions.
• Community groups can help with translation, collecting older records, and guiding people to the correct office.

Official Resources and Where to Check for Updates

The MHA says it will post further instructions and FAQs on the Immigration and Foreigners Act, 2025 and the Immigration and Foreigners (Exemption) Order, 2025. Follow official updates at the Ministry of Home Affairs website.

Note: District offices also receive circulars that may not appear online immediately, so checking with local authorities is important.

Outlook

The coming months will test how well the centre and states manage the workload. The promised clarity can only help if officers apply it fairly.

For people who have waited years for relief, recognition under the exemption could bring a measure of peace: fewer police checks, fewer court dates, and the chance to send children to school without fear of sudden removal.

For those outside protected groups, the law’s stricter penalties and expanded detention system signal a tougher line. How these parallel tracks play out—in courts, border districts, and crowded city neighbourhoods—will define the lived meaning of India’s new immigration order.